If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.

Contact our law firm today to speak with a lawyer today about your Divorce Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Arthur v. Arthur

Facts:

Defendant wife appealed from a decree of the Circuit Court of Richmond (Virginia), which awarded a divorce a mensa to complainant husband. The husband had sought the divorce on grounds of cruelty and desertion, and the trial court's decree did not indicate whether it was based on one ground or both grounds.

If you are facing a Divorce case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Some courts hold that mere withdrawal from sexual intercourse without just cause or excuse, constitutes willful desertion; others go to the opposite extreme of holding that so long as the husband and wife live under the same roof, there can be no desertion which will authorize a divorce; and still others, including the courts of Virginia , take a middle ground and hold that mere withdrawal of sexual intercourse, although based on no just cause or excuse, where the marital duties are otherwise performed, does not constitute desertion. In Virginia , the willful withdrawal of the privilege of sexual intercourse, without just cause or excuse, constitutes willful desertion, within the meaning of such statutes on the subject as that in Virginia , when such withdrawal is accompanied with such willful breach and neglect of other marital duties as to practically destroy home life in every true sense, and to render the marriage state well nigh intolerable and impossible to be endured. Such conduct, on the part either of husband or wife, is considered to be a general withdrawal from the duties of the marital relationship; and, if willfully done, without just cause or excuse, this, by the great weight of authority, constitutes willful desertion.

If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.